Marginal note:Committees or representatives — specified work places

137 Despite sections 135 and 136, if an employer controls more than one work place or the size or nature of the operations of the employer or those of the work place precludes the effective functioning of a single work place committee or health and safety representative, as the case may be, for those work places, the employer shall, subject to the approval or in accordance with the direction of the Minister, establish or appoint in accordance with section 135 or 136, as the case may be, a work place committee or health and safety representative for the work places that are specified in the approval or direction.

Coal Mining Safety Commission

Marginal note:Establishment of Commission

137.1(1) There is hereby established a Coal Mining Safety Commission, in this section referred to as the “Commission” consisting of, subject to subsection (2.1), not more than five members to be appointed by the Minister to hold office during pleasure.

Marginal note:Members of Commission

(2) One member of the Commission shall be designated chairperson of the Commission by the Minister and the others shall be equally representative of the non-supervisory employees employed in coal mines and of the employers of those employees.

Marginal note:Alternate chairperson

(2.1) The Minister may appoint, by order, and under the terms and conditions specified in the order, any person as an alternate chairperson to act in the absence or incapacity of the chairperson. An alternate chairperson, while acting as chairperson, has all of the powers, duties and immunity of the chairperson.

Marginal note:Selection and tenure

(3) The manner of selection of the members of the Commission, other than the chairperson and an alternate chairperson, and the term of office of the members of the Commission shall be such as may be prescribed.

Marginal note:Quorum

(4) A quorum of the Commission consists of the chairperson or alternate chairperson, one member representative of non-supervisory employees and one member representative of employers.

Marginal note:Ineligibility

(5) No person to whom powers, duties or functions have been delegated under subsection 140(1), or under an agreement entered into under subsection 140(2), is eligible to be appointed to the Commission or as alternate chairperson under subsection (2.1), or to be designated for the purposes of subsection 137.2(1) or (2).

Marginal note:Remuneration

(6) The members of the Commission, including an alternate chairperson, shall be paid the remuneration that may be fixed by the Governor in Council and, subject to the approval of the Treasury Board, any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence.

Marginal note:By-laws

(7) The Commission may, subject to the approval of the Minister, make by-laws for the conduct of its activities.

Marginal note:Staff and other assistance

(8) The Minister may, at the request of the Commission, make available to the Commission such staff and other assistance as are necessary for the proper conduct of its activities.

Marginal note:Annual report

(9) The Commission shall, within sixty days following the end of each calendar year, submit a report to the Minister of its activities during the year.

Marginal note:Immunity

(10) No member of the Commission and no person designated by the Commission pursuant to subsection 137.2(1) or (2) is personally liable for anything done or omitted to be done in good faith under section 137.2.

Marginal note:Approval of plans, procedures

137.2(1) The Commission or persons designated by the Commission for the purposes of this subsection may approve in writing, with or without modification, plans or procedures submitted in accordance with paragraph 125.3(1)(d).

Marginal note:Approval of methods, machinery, equipment

(2) On the application of an employer, the Commission or persons designated by the Commission for the purposes of this subsection may, if, in the opinion of the Commission or those persons, protection of the health and safety of employees would not thereby be diminished,

(a) approve in writing the use by the employer in coal mines of mining methods, machinery or equipment in respect of which no prescribed safety standards are applicable; or

(b) approve in writing, notwithstanding anything in this Part, the use by the employer in coal mines, for a specified time and subject to specified conditions, of any mining method, machinery or equipment that does not meet prescribed safety standards applicable in respect of it.

Marginal note:Exemptions and substitutions

(3) On the application of an employer, the Commission may, if in its opinion protection of the health and safety of employees would not thereby be diminished, by order,

(a) exempt the employer from compliance with any provision of the regulations in the operation of coal mines controlled by the employer, subject to any conditions contained in the order; or

(b) substitute for any provision of the regulations, so far as it applies to coal mines controlled by the employer, another provision having substantially the same purpose and effect.

Marginal note:Recommendations for amendments

(4) The Commission may make recommendations to the Minister for amending or revoking any provision of the regulations applicable to coal mines or for adding any provision thereto.

R.S., 1985, c. 26 (4th Supp.), s. 3;

2000, c. 20, s. 12.

Administration

Marginal note:Special committees

138(1) The Minister may appoint committees of persons to assist or advise the Minister on any matter that the Minister considers advisable concerning occupational health and safety related to employment to which this Part applies.

Marginal note:Remuneration and expenses

(1.1) At the discretion of the Minister, persons appointed to those committees may be paid the remuneration that may be fixed by the Minister and, in accordance with any applicable Treasury Board directives, any reasonable travel and living expenses that are incurred by them while performing their functions away from their ordinary place of residence.

Marginal note:Inquiries

(2) The Minister may cause an inquiry to be made into and concerning occupational health and safety in any employment to which this Part applies and may appoint one or more persons to hold the inquiry.

Marginal note:Powers on an inquiry

(3) A person appointed pursuant to subsection (2) has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act.

Marginal note:Research

(4) The Minister may undertake research into the cause of and the means of preventing employment injury and occupational illness and may, where the Minister deems it appropriate, undertake such research in cooperation with any department or agency of the Government of Canada or with any or all provinces or with any organization undertaking similar research.

Marginal note:Publication of information

(5) The Minister may publish the results of any research undertaken under subsection (4) and compile, prepare and disseminate data or information bearing on health or safety of employees obtained from that research or otherwise.

Marginal note:Occupational safety and health programs

(6) The Minister may undertake programs to reduce or prevent employment injury and occupational illness and may, where the Minister deems it appropriate, undertake those programs in cooperation with any department or agency of the Government of Canada or with any or all provinces or any organization undertaking similar programs.

R.S., 1985, c. L-2, s. 138;

R.S., 1985, c. 9 (1st Supp.), s. 4;

2000, c. 20, s. 13.

Marginal note:Medical surveillance and examination programs

139(1) The Minister may undertake medical surveillance and examination programs with respect to occupational health and safety and may, if the Minister considers it appropriate, undertake those programs in cooperation with any department or agency of the Government of Canada or with any or all of the provinces or any organization undertaking similar programs.

Marginal note:Appointment of medical officers

(2) The Minister may appoint any medical practitioner qualified in occupational medicine to undertake the medical surveillance and examination programs.

R.S., 1985, c. L-2, s. 139;

R.S., 1985, c. 9 (1st Supp.), s. 4;

1998, c. 26, ss. 59(E), 60(E);

2000, c. 20, s. 14.

Exercise of Minister’s Powers in Relation to Health and Safety

Marginal note:Delegation

140(1) Subject to any terms and conditions specified by the Minister, the Minister may delegate to any qualified person or class of persons any of the powers, duties or functions the Minister is authorized to exercise or perform for the purposes of this Part.

Marginal note:Agreements — delegating provincial employees

(2) Subject to subsection (3), the Minister may, with the approval of the Governor in Council, enter into an agreement with any province or any provincial body specifying the terms and conditions under which the Minister may delegate to a person employed by that province or provincial body the powers, duties or functions that the Minister is authorized to exercise or perform for the purposes of this Part.

Marginal note:Exception

(3) The powers, duties or functions of the Minister provided for in section 130, subsections 135(3), 137.1(1) to (2.1), and (7) to (9), 137.2(4), 138(1) to (2) and (4) to (6), 140(1), (2) and (4), 144(1) and 149(1), sections 152 and 155 and subsections 156.1(1), 157(3) and 159(2), shall not be the subject of an agreement under subsection (2).

Marginal note:Certificate of authority

(4) The Minister may provide any person to whom powers, duties or functions have been delegated under subsection (1), or under an agreement entered into under subsection (2), with a certificate of authority and, when exercising those powers or performing those duties or functions, that person shall show the certificate to any person who asks to see it.

Marginal note:Limitation of liability

(5) A person to whom powers, duties or functions have been delegated under subsection (1), or under an agreement entered into under subsection (2), is not personally liable for anything done or omitted to be done by them in good faith in the actual or purported exercise of those powers or performance of those duties or functions.

Marginal note:Duty of Her Majesty

(6) Despite subsection (5), and for greater certainty, Her Majesty in right of Canada is not relieved of any civil liability to which Her Majesty in right of Canada may otherwise be subject.